Labour Court Database __________________________________________________________________________________ File Number: CD88837 Case Number: LCR12159 Section / Act: S67 Parties: MCCARREN AND COMPANY LIMITED - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Implementation of the Programme for National Recovery and a Sick Pay Scheme.
Recommendation:
The Court has considered the submissions made by the parties. In
particular it has noted the difficulties which are arising for the
Company as a result of the current excessive level of absenteeism.
For as long as such absenteeism persists it is the view of the
Court that the Company is correct in seeking to amend those
features of the Sick Pay Scheme which appear to encourage undue
absence from work.
However, it is of the opinion that such amendments would best be
dealt with outside the direct negotiations on the pay round. The
Court therefore recommends:-
(a) That the Company pay the first phase of the terms of the
Programme for National Recovery, including the #4 minimum
where appropriate with effect from 1st August, 1988.
(b) This increase would not pass on to the sick pay scheme
pending settlement of the absenteeism issue.
(c) The parties should thereafter begin direct discussions on
amending the Sick Pay Scheme and other changes which would
help minimise absenteeism. Should such negotiations not be
concluded before 1st April, 1989, the matter to be referred
to the Court for investigation and recommendation.
If at the conclusion of the above procedure the level of
absenteeism has not been reduced to a normal level, the Company
should be entitled to reserve the right not to pay the further
phases due under terms of the Programme for National Recovery.
Division: Mr O'Connell Mr Heffernan Mr Devine
Text of Document__________________________________________________________________
CD88837 RECOMMENDATION NO. LCR12159
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: MCCARREN AND COMPANY LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Implementation of the Programme for National Recovery and a
Sick Pay Scheme.
BACKGROUND:
2. The above dispute was the subject of a Labour Court
conciliation conference held on 13th October, 1988. No agreement
being reached it was referred, on 2nd November, to a full hearing
of the Court which took place on 18th November, 1988. The
following is the Court's recommendation.
RECOMMENDATION:
The Court has considered the submissions made by the parties. In
particular it has noted the difficulties which are arising for the
Company as a result of the current excessive level of absenteeism.
For as long as such absenteeism persists it is the view of the
Court that the Company is correct in seeking to amend those
features of the Sick Pay Scheme which appear to encourage undue
absence from work.
However, it is of the opinion that such amendments would best be
dealt with outside the direct negotiations on the pay round. The
Court therefore recommends:-
(a) That the Company pay the first phase of the terms of the
Programme for National Recovery, including the #4 minimum
where appropriate with effect from 1st August, 1988.
(b) This increase would not pass on to the sick pay scheme
pending settlement of the absenteeism issue.
(c) The parties should thereafter begin direct discussions on
amending the Sick Pay Scheme and other changes which would
help minimise absenteeism. Should such negotiations not be
concluded before 1st April, 1989, the matter to be referred
to the Court for investigation and recommendation.
If at the conclusion of the above procedure the level of
absenteeism has not been reduced to a normal level, the Company
should be entitled to reserve the right not to pay the further
phases due under terms of the Programme for National Recovery.
~
Signed on behalf of the Labour Court
9th December, 1988 John O'Connell
AK/PG Deputy Chairman